Can Undocumented Workers File a Claim if Injured on the Job?

We explain construction accident injury litigation.

Undocumented workers are regularly offered construction work in New Jersey. Whether hired permanently through a subcontractor or brought on as a day laborer, everybody has a right to workplace safety. If injured on the job, state and federal law allows undocumented workers to file workers’ comp through their employers or in some cases, personal injury claims.

Why Are Undocumented Workers Afraid to File Claims?

The primary reason which prevents undocumented immigrants from filing a workers’ comp claim or personal injury case is fear of workplace retaliation. More specifically, undocumented immigrants are afraid that filing a claim would lead an employer to call immigration services, possibly leading to deportation and separation of families.

However, employers who threaten their employees with deportation are actually the ones who could be in trouble. Federal law prevents employers from making such threats, as it is viewed as both unethical and unlawful. The Department of Labor takes such actions very seriously and imposes heavy fines and penalties on employers who threaten people against exercising their rights.

What Can I Do If I’m an Undocumented Worker Injured on the Job?

Undocumented workers who are injured on construction sites or other workplace accidents are often left with no income and become very worried about how they will pay for medical expenses or provide for their families. You shouldn’t have to worry about any of that while trying to recover from an injury. A personal injury attorney can help by handling the financial and legal issues while you focus on getting well.

There is a long history of employers who try to take advantage of undocumented workers in this country by lying about their rights or making threats. Our attorneys want to fight back against these employers and prevent others from doing the same.

The New Jersey workers’ comp attorneys at Keefe Law Firm have made it our mission to fight passionately on behalf of our clients who are injured on the job, whether they are citizens, permanent residents or undocumented immigrants.

Tags: ,